Historical Newspapers of South Carolina

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TEN Proposed Bill W Modify Pi To the Members of the South Caro- a lina Senate and House of Rep- c resentatives: During the 1916 session of the Legislature, Senator Charlton DuRant, x at my request, introduced in the Sen- ate the following proposed bills, to wit: 3 An Act to repeal Section 4165, r Volume I, Code of Laws of South c Carolina 1912, relating to indexing g liens for advances. j Section 1. Be it enacted by the j 'General Assembly of South Carolina, t That Section 4165, Volume I, Code ^ of Laws of South Carolina 1912, re- { lating to indexing liens for advances, j he. and the same is hereby, repealed, j Section 2. That all Acts or parts ^ of Acts inconsistent with this Act be, and the same are hereby, repealed. Section 3. This Act shall take effect immediately upon its approval by the Governor. *An Act to Amend Section 4162, . Volume I, Code of Laws of South ' Carolina 1912, Relating to Lien of Landlord for Rent and Advances, by Striking out on lines nine and ten .thereof the following, "Subject to the Liens Hereinafter Provided for , and enforcible in the same way," and by adding on line ten thereof after the word lien the fallowing, "Without a Writing of Any Kind," and by ' v adding on line eleven thereof after the word tenant, the following, "Or Other Person," and by adding at the end of sajd section the following, "And the Purchaser of Said Crops . Shall Be Liable to the Landlord and His Assigns for Said Crops or the Value Thereof to the Extent of Such Rent or Advances as Aforesaid." Section 1. Be it enacted by the General Assembly of South Carolina, That Section 4162, Volume I, Code of Laws 1912, be, and the same is hereby, amended by striking out on lines nine and ten thereof the following, "subject to the liens hereinafter provided for and enforcible in the same way," and by adding on line ten thereof after the word lien the following, "without a writing of any kind," and by adding on line eleven thereof after the word tenant tne following, "or other person," and by adding at the end of said section the following, "and the purchaser of said crops shall be liable to the landlord and his assigns for said crops or the value thereof to the extent of such rent or advances as aforesaid;" so that said section, when amended, shall read as follows: Section 4162. Every landlord leasing land for agricultural purposes shall have a prior and preferred lien for his rent to the extent of all crops raised on the lands leased by him, whether the same be raised by the tenant or other person. No writing or recording shall be necessary to create such lien, but is shall exist from the date of the contract, whether the same be in writing or verbal, and the landlord and his assigns shall have the right to enforce such lien in the same manner, upon . the same conditions, ana hudjccl w cue same restrictions, as are provided in this article for persons making advances for agricultural purposes. And the landlord and his assigns shall have a lien without a writing of any kind on all crops raised by , the tenant or other person for all advances made by the landlord and his assigns to such tenant or other person during the year, and the purchaser of said crops shall be liable to the landlord and his assigns for said crops or the value thereof to the extent 01 sucn rent or auvaucea ?? aforesaid. Since the repeal of the agricultur[ r . It rained us ty will sell c including se | N. C., will e Twenty-cen * * t II you nave five years ti C*' ^ ' r, & ?;- ' ftI ft. f r E. R. HOR" I ???? w ; * Bp ? rouid : resent Lien Lawe ?, il lien law in 1902, the farmers of PoT-niina have been in aa worse Sl 71/UMi V>I*?.v?m>w ? ? _ ondition with respect to this matter g, han they were before, and a clear mderstanding of present conditions p md the judicial decisions upon the tl ubject will show the necessity of the f, tforesaid proposed bills or amend- v nents. Under Section 3059, Code n >f Laws 1902, a merchant, for in- b itance, could acquire a lien super- p or to the unwritten lien of the land- p ord for advances; but even a lien s. icquired under Section 3059 of the g Hode of Laws 1902, was limited to idvances expended during the year n n making the crop, and such a lien b lad to be indexed and reduced to o vriting. d Section 3059 of the Code of Laws ^ L902, provided for what was then D :ommonly known as the so-called 0 igricultural lien law and tihs section c vag repealed on the 4th day of March j L909, when the aauy newspaiitsro md pretended friends of the farmers irith one acclaim announced the freeiom of the individual framer. But a review of the decisions of the South Carolina Supreme Court since the 4th day of March, 1909, will show that the farmers of South Carolina were woefully deceived, and that the white farmers of South Carolina are today more at the mercy of the negro farm hand than ever before in the history of the State. South Carolina is an agricultural community and the prosperity of all vocations, depends, to a very large extent, on the condition of Ahe crops, and the condition of the crops in South Carolina depends to a greater extent on negro labor. Now, in order to control this n^gro labor,ever since the Civil War, the white farmer in South Carolina has had a lien for advances made to a farm hand, without a writing of any kind, and ever i since the freedom of the slave, the Supreme Court of South Carolina has sustained the validity of this unwritten lien for advances, as can be seen from a study of the decisions in the matter of State1 vs. Elmore, 68 S. C., 145, and Nexsen vs. Ward, 96 S. C., 313. However, the Supreme Court of South Carolina, in the matter of Cantey v. McClary-Broadway Co., 95 S. C., 30, has limited to some extent the aforesaid unwritten lien of the farmer, by holding that the farmer could not assert said unwritten lien for advances against a third party, without compliance with Section 4165 of the Civil Code of South Carolina 1912. During the 1916 session of the Legislature, Senator DuRant, at my 'request, introduced the aforesaid | bills or amendments, in order that the white farmer of South Carolina might | have complete control of his negro labor, and in order to put a stop forever to the negro farm hand giving innumerable chattel mortgages, which at the end of the year, the white farmer must pay off, in order to get a farm hand for the next year. With the view of showing the fairness and necessity of this proposed legislation in behalf of the white farmer, let me illustrate: For instance, John Doe and Richlard Roe are good bookkeepers and bank clerks and each get a good salary from their respective banks. Either of these distinguished gentlemen could owe every merchant in his home town and decline to pay their obligations and there is no process of law by which the salary of either of them could be atached; and this is true, for the simple reason, that the members of the Legislature protect IG AUOT ! ' out on November; :heap and we only :veral gold watche< ntertaln you and a t cotton will cert never bought any I me and only a littl DON' 1 Andersor rON, President le banks and corporations in the'j peration of their private affairs by \ le absence of and the refusal to nact a garnishment statute. c On the other hand, I have a white J \ armer friend in Sumerton, who at < le beginning of the year, rented I [>me land to a negro farm hand and ; applied him with a horse, guano, 'y low stock, and gears for the horse; ] his arrangement between the white 1 armer and negro laborer was made erbally early one morning, and the 1 egro farm hand agreed to come j ack next day and execute proper apers, which he did, but during the 1 receding evening, and within the pace of twenty-four hours, the ne- ' to farm hand executes to a Syrian lerchant in Summerton a chattel lortcraere over the aforesaid crop, lorse, guano, plow stock, and gears f my white farmer friend, and un!er the authority of Cantey v. McJlary-Broadway Co., 95 S. C., 30, ay white farmer friend is defeated ut of any claim or Jlen in or on the rops grown on his own lands and or which he furnished the fertilizer ? ? I Christr I AVery V I All Departments i 0 There is greatest I H in'early buying. W 1 ever. The store's v 3S grown by phenonw S{ since last Christmas sands, as we grow I THE GRE; will be the the seas 1 30 to 5( Reductioi The value of the 1 be fully appreciate! Greenwood never Store Novelty Handkerc Crepe-de-C HANDKERCHIEFS? 1 ONE LOT | C B CORSETS all new stock fo j 1-2 REGULAR \ PRICE ;/! CALL TODAY SHOP EARLY I It Will Pay V ah fn 1 Viait Us. | ON SALE 23d, but we will hi ask one=fifth cash ? ill ?. Every one win good band will gi ainly make land land, buy one of tli e payment cash. n FORG, i Real Esta L. S. HORTON, ind the horse and the gears with \ ririch to work said crop. 1 It might be argued that the toer- t ihant will not advance to the negro ? 'arm hand, if the proposed bills are macted, but there is nothing in the t - A* VIA. 1 jroposed bills to prevent me Willi*; | j farmer releasing or assigning to the t nerchant his unwritten lien for ad- < ranees, and when the negro farm t land understands that he must get 1 the consent of the white farmer be- ? fore he can mortgage his crops to i the merchant, a friendly harmony i and undrestanding will be promoted 1 between the white farmer and the j merchant and the negro laborer. < Further, it might be argued that the white farmer will cheat his negro 1 laborer, if the unwritten lien for J advances is not recorded, but when it : is considered that the farmer already has an unwritten lien for rent 1 and there is no demand for the re; peal of the unwritten lien for rent; 1 and when it is further considered, that at least sixty per cent, of the business of the country is done on " - l-J open account, without any recoraeu i lien for same, the argument that the' MnnHMiinnHivi * nas Stoi Vonderful CI" n Complete Readiness >leasure and satisfaction i'll serve you better than olume of business has snal leaps and bounds ?a fact known to thoure improve; ITEST EVENT on's Greatest Suit Sale FROM ) Per Cent a on All Suits jse prices must be seen to A. i. ,< had such a Christmas before hiefs loose or in boxes. hine 25cand50c "I s? r for Ladies and Miss lish Walker with br( or dull brown upper i n iittt i J.D. Wtlfl " GREENWOOD'S We Give S. & H. GREI AT CALH< * m ive it rain or shine . We will give get a chance. A fi ve a fine concert on advance, so cot lese small tracts ar ET THE P- I? LlC OC Ilivca Vice President rhite farmer might cheat his negro ' aborer if the lien for advances is tot recorded, proves absurd and : groundless. In a private letter to the writer, he author of the Act of March 4, 1909, which repealed the agriculturil lien law, or, rather, Section 3059 >f the Code of Laws 1902, has this ;o say, to wit: "I was the author of lie repeal bil>; my. purpose briefly stated was to place the landowners vhere they could control their labor md wrest that control from the lands of the merchant; my purpose ilso was to aid our farmers to get a :ash basis, but the South Carolina Senate emasculated my bill; I did aot disturb existing conditions in regard to farmers' or landlords' lien for supplies or rent." T+. would annear that the South Carolina Senate, which is composed to a ery large extent of lawyers, either intentionally or ignorantly betrayed the white farmers of South Carolina, for when it is considered that under the old agricultural lien law the only lien thereby . secured superior to the lien of the farme cks Are 4RISTMA5 * NOW* AS FOR MAKY YEARS mwrs GORDON S: GORDON HOSE HAVE BEEN SILK STOCKING They are as good this year as eve MANY COLORS OES I es. The famous Eng>wn vamps and white \ They are beauties. ?See Window. TOO) STYLE LEADERS " 2N TRADING STAMP; i nnni OUNFALI on December 14. ray $100.00 worth ne Auctioneer fror the grounds at 10: lie and pick up id begin to save. DA TE Wn? Cn UllClli Wi W. F. MARSHA was limited to advances made to the farm hand during the year, but 1 I now under the ubiquitous chattel mortgage whereby a lien thereby se cured superior to the lien of the farmer includes past and4 present and future indebtedness, sorely the white IB farmers of South Carolina have HH been crucified upon ft cross of gold, I and the bills herein proposed should be speedily enacted into law. Finally, the enactment of the pro- IB posed bills into law, will enable the white farmers of South Carolina to VH protect the crops of the ignorant ne- HH gro laborer, and farm hand, and tenant from the ^hitches of the organ II agent, the picture agents the patent I I medicine agent, and tile usurious HH moneylender. j "Wisdom cometh down from above I I land it becometh the strong to pro- I I Itect the weak." ' Respectfully submitted, J. J. CANTEY. "Doctah, how's de way t' treat a J mule dat's got distempah?" I "You betah treat Urn wif respect." | r?-Pack. M H H KP^IfVll . _ . I ) STORE II wn ? ?teJ wt ' -*v r''"* v PAST WOMEN WILL MAKE : H ILK HOSE 11 TH EMOST SATISFACTORY 0 S FOR YEARS 9 r; 50c10 $1.50 || , II FANCY TOWELS I for Xmas Gifts S I Just received, a spe- I cial lot of fancy Bro- I fl caded Turkish CA. IH bath towels *,uc It Will Pay 11 You to Visit 81 3 SHOP EARLY , II LS I This proper- I i of presents, I n Greensboro, I :3o o'clock. I a bargain. I We 'give you LL, Secretary i ? i